Safeco Insurance Co. of America v. McGrath

Thomas McGrath and Frederick Hayes were involved in an altercation in a restaurant parking lot in the early morning hours on February 12, 1980. McGrath and Hayes argued in the restaurant bar, confronted each other again outside, and McGrath shot Hayes in the neck.

McGrath claims that Hayes approached him in a menacing fashion and he acted in self-defense. He also claims at various times that (1) he did not intend to injure Hayes, but only prevent Hayes's advance, and (2) he was not aiming at Hayes, but in that general direction.

McGrath was charged with two counts of second degree assault with…